In its answer to a lawsuit, Southwest Mercer County Regional police and patrolman David Moyer deny that a cruiser driven by Moyer backed into Alfred D. Clarke.

The department is asking for Clarke's lawsuit to be dismissed.

Clarke, 45, of 418 Indiana Ave., Farrell, was leaving a basketball game in Farrell Area School District's McCluskey Gymnasium on Jan. 23, 2001, when Moyer responded to a call of a fight outside the gym, said the lawsuit, which was filed Jan. 3 in Mercer County Common Pleas Court.

Clarke said he was walking on the sidewalk along Roemer Boulevard, when the cruiser suddenly backed into him, knocking him into the street before the cruiser hit him again, the lawsuit said.

According to the lawsuit answer:

Moyer stopped his car and, upon seeing there was no fight, backed up to work around a parked vehicle, He intended to go to the rear of the gym to see if there were a fight elsewhere.

After backing up about a foot, Moyer heard someone yelling that the fight was over and he almost hit someone. It was Clarke.

Moyer never felt or heard any pedestrians being hit, and Clarke never told him he was hit.

"It is specifically denied that plaintiff has been injured as a result of the conduct of the defendants in this manner," according to the answer, written by attorney Kenneth J. Nolan of Pittsburgh.

Clarke, a truck driver, said he suffered back, leg and arm injuries and was unable to work again until Feb. 7, 2002.

Clarke's injury was "not serious," and he is not eligible for lost wages because he was "unemployable for a considerable period of time" prior to the incident, according to the answer.

The department asks that the suit be dismissed for a variety of reasons, including that Clarke's injury was the result of the negligence of Clarke or others, the statute of limitations has run out, and Moyer and the police department are immune from liability under the Political Subdivisions Tort Claims Act.

Clarke is represented by Carmen F. Lamancusa of New Castle.